Republic of Latvia Cabinet Regulation No. 417 Adopted 10 September 2019

Regulations Regarding the Submission and Publishing of the Information of Political Organisations (Parties) Regarding Joining Fees, Membership Fees, Gifts (Donations), Declarations of Income and Expenses of Elections, and Annual Reports

Issued pursuant to
Section 3, Paragraph three, Section 4,
Paragraphs three and four, Section 8.², Paragraph one,
Section 8.³, and Section 9, Paragraph three
of the Law on Financing
of Political Organisations (Parties)

I. General Provisions

1. The Regulation prescribes:

1.1. the information to be indicated in the report of a political organisation (party) and the procedures for the submission thereof, and also the procedures by which information regarding the joining fees and membership fees received by political organisations (parties) shall be published, and the content of this information;

1.2. the information to be indicated in the report of a political organisation (party) and the procedures for the submission thereof, as well as the procedures by which information regarding the gifts (donations) received and not accepted by a political organisation (party) shall be published, and the content of this information;

1.3. the procedures by which political organisations (parties) which have submitted their lists of candidates for the elections of the Saeima, local government council, or the European Parliament shall, within 30 days after the elections of the Saeima, local government council, or the European Parliament, submit a declaration of income and expenses of elections signed by the representative of the relevant political organisation (party) to the Corruption Prevention and Combating Bureau, using the electronic data input system of the Corruption Prevention and Combating Bureau (hereinafter - the electronic data input system);

1.4. the form of the declaration of income and expenses of elections and the procedures for completion thereof;

1.5. the procedures by which the Corruption Prevention and Combating Bureau shall, after receipt of the annual report or the declaration of income and expenses of elections, publish the information provided therein in the official gazette of the Republic of Latvia Latvijas Vēstnesis and on the website of the Corruption Prevention and Combating Bureau;

1.6. the information and documents to be included in the electronic data input system, the procedures and time period for their storage.

2. The electronic data input system is a State information system. The Corruption Prevention and Combating Bureau is the manager and keeper of the system.

II. Electronic Data Input System

3. A political organisation (party) shall submit a submission to the Corruption Prevention and Combating Bureau (Annex) by which a natural person is authorised to use the electronic data input system on its behalf. The Corruption Prevention and Combating Bureau shall, within seven working days from the day of receipt of the submission, grant the right of use of the electronic data input system to the person indicated in the submission (hereinafter - the user).

4. The user shall authenticate in the electronic data input system, using the means available for authentication in the portal www.latvija.lv or the username and password assigned by the Corruption Prevention and Combating Bureau.

5. In order to revoke the user of the electronic data input system or to change the extent of his or her authorisation, the political organisation (party) shall submit a submission to the Corruption Prevention and Combating Bureau. The Corruption Prevention and Combating Bureau shall, within seven working days from the day of receipt of the submission, cancel the user of the electronic data input system indicated by the political organisation (party) or change the extent of authorisation of the user.

6. The user shall sign the report on the joining fee, membership fee, received and refunded (returned) gifts (donations), and the declaration of income and expenses of elections and the annual report submitted to the Corruption Prevention and Combating Bureau with a secure electronic signature.

7. The Corruption Prevention and Combating Bureau shall store the documents submitted through the electronic data input system for ten years after reorganisation or termination of activity of the political organisation (party).

III. Information Regarding Gift (Donation), Joining Fee, and Membership Fee

8. A political organisation (party) shall, once a quarter until the fifth date of the first month of the following quarter, provide information in the electronic data input system regarding the joining fee and membership fee, indicating contributions of each member which have been transferred from the beginning of the calendar year and the total amount of which exceeds one monthly salary.

9. The political organisation (party) shall, within 15 days from receipt or refunding (return) of a gift (donation), provide information in the electronic data input system regarding a gift (donation) received, not accepted, or refunded (returned) to the giver (donor).

10. The following information shall be indicated regarding receipt of a gift (donation), joining fee, and membership fee:

10.1. the name of the relevant political organisation (party);

10.2. the registration number;

10.3. the legal address;

10.4. the given name, surname, and personal identity number of the person who made the gift (donation) or paid the joining fee and membership fee;

10.5. the type of contribution (gift (donation), joining fee, or membership fee);

10.6. the type of gift (donation);

10.7. the amount;

10.8. the date of receipt.

11. If a gift (donation) has not been accepted and has been refunded (returned) to the giver (donor), information regarding the date of refunding the gift (donation) shall be provided in addition to the information referred to in Paragraph 10 of this Regulation.

12. After receipt of the information in the electronic data input system the Corruption Prevention and Combating Bureau shall ensure automatic publishing of the submitted information on the website www.knab.gov.lv:

12.1. regarding a gift (donation):

12.1.1. the name and registration number of the political organisation (party);

12.1.2. the type of the gift (donation) received;

12.1.3. the amount of the gift (donation) received;

12.1.4. the date of receipt of the gift (donation);

12.1.5. the date of refunding if the gift (donation) has not been accepted and has been refunded (returned);

12.1.6. the given name, surname, and first part of the personal identity number of the natural person who made the gift (donation);

12.2. regarding the joining fee and membership fee:

12.2.1. the name and registration number of the political organisation (party);

12.2.2. the amount and date of receipt of the joining fee or membership fee;

12.2.3. the given name, surname, and first part of the personal identity number of the member who made the contribution;

12.2.4. the type of contribution - joining fee or membership fee.

IV. Declaration of Income and Expenses of Elections

13. A political organisation (party) shall prepare the declaration of income and expenses of elections electronically, using the electronic data input system.

14. The form of the declaration of income and expenses of elections shall be generated automatically by the electronic data input system.

15. Upon completing the declaration of income and expenses of elections, the political organisation (party) shall conform to the following requirements:

15.1. the amounts of money are indicated in euros and cents;

15.2. the amounts of income and expenses in a foreign currency are re-calculated from the relevant currency to euro according to the foreign currency rate to be used in accounting on the day of receipt of such income or arising of expenses;

15.3. the total amount is indicated and, if necessary, the division of the total amount is itemised in the explanation and the numbers are justified with entries in corroborative documents, accounting registers, and summary;

15.4. information is indicated regarding the income and expenses for a time period which have arisen from the one hundred and twentieth day before the elections until the day of the elections regardless of the date when a document attesting the transaction (for example, invoice, contract) has been written out, the payment has been received or made;

15.5. any income and expenses of the pre-election period of the political organisation (party) are indicated;

15.6. according to separate types which are specified in Section 8.², Paragraph two of the Law on Financing of Political Organisations (Parties), any financial or other types of gratis benefits which have been received in accordance with Section 2, Paragraph two of the Law on Financing of Political Organisations (Parties) and spent in the pre-election campaign of the political organisation (party) are indicated as expenses on the basis of documents attesting to the transaction (for example, contracts, invoices, deed of delivery and acceptance). The value of expenses must conform to the value of the gift received or the movable or immovable property inherited which has been evaluated in monetary terms on the basis of the value indicated in the gift document or inheritance acceptance document;

15.7. expenses for the placement of advertising which have arisen in the time period from the one hundred and twentieth day before the elections until the day of the elections regardless of the date when a document attesting to the transaction (for example, invoice, contract) has been written out or payment has been made are indicated according to the types specified in Section 8.², Paragraph two, Clause 1 of the Law on Financing of Political Organisations (Parties) on the basis of the cost estimate prepared and the payment documents;

15.8. if, upon placing an advertising (for example, video materials, audio materials, materials posted in press publications), the political organisation (party) is using an intermediary and pays to such intermediary and not to the direct service providers, expenses are indicated in the declaration of income and expenses of elections according to the types specified in Section 8.², Paragraph two, Clause 1 of the Law on Financing of Political Organisations (Parties) on the basis of the cost estimate prepared by the intermediary and the payment documents;

15.9. if, for organising the pre-election campaign, the political organisation (party) is using an intermediary and makes all payments to such intermediary and not to the direct suppliers or service providers, expenses are indicated in the declaration of income and expenses of elections according to the types specified in Section 8.², Paragraph two of the Law on Financing of Political Organisations (Parties) on the basis of the cost estimate prepared by the intermediary and the payment documents;

15.10. work remuneration disbursed to employees and other payments which have arisen in the pre-election period to natural persons whose work obligations are related to ensuring or organising of the pre-election events in the time period from the one hundred and twentieth day before the elections until the day of the elections are indicated in the declaration of income and expenses of elections as the expenses which are specified in Section 8.², Paragraph two, Clause 5 of the Law on Financing of Political Organisations (Parties), as well as the work remuneration disbursed to employees is indicated if employees have been hired in the time period from the one hundred and twentieth day before the elections until the day of the elections;

15.11. payment for the lease (rent) of movable and immovable property and other expenses related to lease (rent) (for example, public utility services, communications services) which have arisen in the time period from the one hundred and twentieth day before the elections until the day of the elections are indicated in the part "lease of movable and immovable property for the needs of the election campaign";

15.12. any expenses of the relevant political organisation (party) which are related to the financing of charity events, sponsorship by disbursing benefits or making gifts (donations) in the time period from the one hundred and twentieth day before the elections until the day of the elections regardless of the date of the contract, making of the decision, or agreement are indicated in the part "financing of charity events, sponsorship by disbursing benefits or making gifts (donations)";

15.13. if expenses related to the election campaign which have not been itemised have been covered in the pre-election period, their total amount is indicated in the part of the declaration "covering of other expenses related to the election campaign" (for example, security deposit).

16. After receipt of the declaration of income and expenses of elections the Corruption Prevention and Combating Bureau shall ensure automatic publishing of the declaration of income and expenses of elections on the website www.knab.gov.lv.

17. The Corruption Prevention and Combating Bureau shall, within seven days from receipt of the declaration of income and expenses of elections in the electronic data input system, send it for publishing in the official gazette of the Republic of Latvia Latvijas Vēstnesis.

V. Annual Report

18. After receipt of the annual report the Corruption Prevention and Combating Bureau shall ensure automatic publishing of the annual report on the website www.knab.gov.lv.

19. The Corruption Prevention and Combating Bureau shall, within seven days from receipt of the annual report in the electronic data input system, send it for publishing in the official gazette of the Republic of Latvia Latvijas Vēstnesis.

VI. Closing Provisions

20. The following is repealed:

20.1. Cabinet Regulation No. 128 of 10 February 2009, Procedures for the Completion and Submission of the Declaration of Income and Expenses of Elections of Political Organisations (Parties) (Latvijas Vēstnesis, 2009, No. 26; 2013, No. 193);

20.2. Cabinet Regulation No. 1055 of 16 November 2010, Procedures by which the Corruption Prevention and Combating Bureau shall Publish Annual Reports, Declarations of Income and Expenses of Elections, Reports on Gifts (Donations), and Reports on Joining Fee and Membership Fee of Political Organisations (Parties) (Latvijas Vēstnesis, 2010, No. 185).

21. Paragraph 6 of this Regulation shall come into force on 1 January 2021.

22. Until 1 January 2021 the Corruption Prevention and Combating Bureau shall agree with the political organisation (party) in writing regarding signing of an electronic document with the electronic signature in the electronic data input system. Upon informing regarding the joining fee, the membership fee, the received and refunded (returned) gifts (donations) and submitting the declaration of income and expenses of elections and the annual report to the Corruption Prevention and Combating Bureau, the user shall use the signature tool integrated in the electronic data input system which ensures confirmation of the identity of the signer of the electronic document in accordance with the laws and regulations regarding an electronic document.

Prime Minister A. K. Kariņš

Deputy Prime Minister,
Minister for Justice J. Bordāns

 

Annex
Cabinet Regulation No. 417
10 September 2019

To the Corruption Prevention and Combating Bureau
Citadeles iela 1, Rīga, LV-1010

Submission Regarding Registration of User(s) of the Electronic Data Input System

(name and registration number of the political organisation (party))

On the basis of Section 3, Paragraph three, Section 4, Paragraphs three and four, Section 8.², Paragraph one, and Section 8.⁵, Paragraph two and Section 15 of the Law on Financing of Political Organisations (Parties) requests to register the person(s) mentioned below as the user(s) of the electronic data input system:

Given name	Surname	Personal identity number	Position	E-mail address	Contact telephone	Read access*	Right to submit information**
						(mark as appropriate)

Notes.
1. *The user with the read access is entitled to view the information submitted by the political organisation (party).
2. **The user with the right to submit information is entitled to enter, correct, sign, and submit information in the electronic data input system on behalf of (name of the political organisation (party)) regarding joining fees, membership fees, received and refunded (returned) gifts (donations), the declaration of income and expenses of elections, and the annual report.

(given name, surname)		(office)		(signature***)

Note.
3. ***If the electronic document has been signed with a secure electronic signature and it has a time stamp, the date and time of adding the time stamp shall be the time of signing of the electronic document.

Deputy Prime Minister,
Minister for Justice J. Bordāns

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Translation © 2020 Valsts valodas centrs (State Language Centre)